Punjab-Haryana High Court
Sunita And Other vs Royal Sundaram Allianz Insurance ... on 15 March, 2024
Author: Archana Puri
Bench: Archana Puri
2024:PHHC:037789
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-7300-2016 (O&M)
Date of Decision: March 15, 2024
Sunita and others
...Appellants
VERSUS
Royal Sundaram Allianz Insurance Co. Ltd. and others
...Respondents
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present: Mr.Surinder Gaur, Advocate
for the appellants.
Mr.Ravinder Arora, Advocate
for respondent No.1.
****
ARCHANA PURI, J.
The present appeal has been filed by appellants-claimants,
thereby, seeking enhancement of the compensation awarded by learned
Motor Accident Claims Tribunal, on account of death of Mandeep, in a
motor vehicular accident, which took place on 17.07.2014.
At the very outset, it is pertinent to mention that FAO-1258-
2016 was filed by the respondent No.1-insurance company, thereby,
assailing the impugned Award, on the quantum only. Vide judgment dated
09.11.2016, the aforesaid appeal was dismissed. Be it noted that, now the
appeal in hand, is only for enhancement of the compensation.
Undisputedly, from the evidence on record, it stands established
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that deceased Mandeep was 15 years old and was studying in 10 th class.
Though, the appellants-claimants had asserted about the indulgence of the
deceased in agricultural work, but however, no evidence, as such, has come
on record, relating to the same and considering the same, learned Tribunal
had assessed the notional income of the deceased as Rs.2000/- per month,
annual whereof, was Rs.24,000/-. While taking it be so and considering the
age of the parents, multiplier of '15' was applied and the compensation was
worked upon as Rs.3,60,000/-. Besides the same, Rs.10,000/- was granted,
on the count of 'last rites' and another Rs.1 lakh was granted, towards loss
of love and affection. In total, compensation to the extent of Rs.4,70,000/-
was granted. However, the aforesaid compensation was granted to the
parents of the deceased only, in equal proportions.
The compensation, so worked upon, definitely, as per settled
prevalent law, calls for re-determination.
Learned Tribunal has appropriately considered the age of the
deceased to be 15 years. However, since the deceased was studying at the
relevant time, his earnings, so assessed, is on lower side.
In this regard, learned counsel for respondent No.1-insurance
company has submitted that in FAO-1258-2016, the assertion of the
insurance company was denied, keeping in view the judgment passed by the
Hon'ble Supreme Court in Kishan Gopal and another vs. Lala and others,
2013(4) RCR (Civil) 276, and in the light of the recitals of the said
judgment, it is submitted that notional income of the deceased be taken as
Rs.30,000/- per annum.
However, the aforesaid submission is not tenable. It is pertinent
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to mention that in Kishan Gopal's case (supra), while considering the death
of a child, aged 10 years, the Court had taken the notional income of the
deceased as Rs.30,000/- per annum and multiplier of '15' was applied and
compensation, was worked upon as Rs.4.5 lakh. Beside the same,
Rs.50,000/- was given towards love, affection, funeral expenses and last
rites. However, it is pertinent to mention that in the aforesaid case, the
accident related to the year 1992. Since then, long time had flown and
keeping in view the value of rupee having scaled down, in the fitnesss of
circumstances, more particularly, considering the deceased to be student, at
the relevant time, his earnings, very proximate to the reality, is taken as
Rs.40,000/- per annum, which is inclusive of future prospects.
As per Smt.Sarla Verma vs. Delhi Transport Corporation and
anr., 2009(3) RCR (Civil) 77, the suitable multiplier of '18' is to be applied.
Thus, applying the aforesaid multiplier, the compensation works out to be
Rs.40000x18=Rs.7,20,000/-.
Besides the aforesaid, as per National Insurance Company
Limited vs. Pranay Sethi and others, 2017(4) RCR (Civil) 1009 , under the
conventional heads, the compensation ought to be paid, on the count of 'loss
of consortium', 'loss of estate' and 'funeral expenses'. Considering the
clause of enhancement to the extent of 10%, after every three years of
passing of the judgment in the aforesaid case, the amounts to be granted at
present, on the aforesaid three counts, is to the extent of Rs.48,400/-,
Rs.18,150/- and Rs.18,150/-, respectively.
However, as per 'Magma General Insurance Company Limited
vs. Nanu Ram @ Chuhru Ram and others, 2018 (18) SCC 130' , spouse,
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parents as well as siblings of the deceased, are entitled to 'parental',
'spousal' or 'filial' consortium.
Keeping in view the same, since appellants-claimants No.3 and
4, who are brother and sister of the deceased, though, may not be taken to
be, as such, dependent upon the deceased, during the lifetime of the parents,
who are still of young age, but however, they have been deprived of the
bond with their deceased brother and under the conventional head of 'loss of
consortium', they are entitled to 'filial consortium' to the extent of
Rs.48,400/- each.
Even though, vide impugned Award, a sum of Rs.1 lakh has
been granted, on the count of 'love and affection', but however, as per
Magma's case (supra), no separate amount is to be given on the count of
'love of affection', as it is comprehended under the head of 'loss of
consortium', which view, has been further endorsed by the larger Bench of
Hon'ble Supreme Court in 'United India Insurance Company Ltd. vs.
Satinder Kaur alias Satvinder Kaur and others, 2020 SCC Online 410'.
Considering the same, the compensation payable to the
appellants-claimants, on account of death of Mandeep, is re-computed, as
herein given:-
Loss of dependency : Rs.7,20,000/-
Loss of consortium : Rs.1,93,600/-
(four claimants)
Loss of estate : Rs.18,150/-
Funeral expenses : Rs.18,150/-
Total : Rs.9,49,900/-
As such, the enhanced compensation, after the deduction of
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compensation awarded by the Tribunal comes to be Rs.9,49,900-
4,70,000=Rs.4,79,900/-. Out of the enhanced compensation, appellants-
claimants No.3 and 4, are held entitled to Rs.48,400/- each, whereas,
appellants-claimants No.1 and 2, are held entitled to residue amount of
Rs.3,83,100/- in equal shares. On the enhanced amount of the compensation
i.e. Rs.4,79,900/-, the appellants-claimants shall be entitled to the interest, at
the rate of 6% per annum, from the date of filing of the present appeal, till
realization of the enhanced amount of compensation. The residue terms of
the Award, as ordered by learned Tribunal, shall remain the same.
With the above observations, the present appeal stands allowed.
March 15, 2024 (ARCHANA PURI)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
